Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-03
APPLICATION ron PATENT,

APPLICATION FOR PATENT.
Where papers have once been fled with the
Register and Receiver they become Q part of
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen
eral Land Once.
An application will be rejected when the
scription of the premises is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
~Second-The notice was not published in q
claim.
Third-Record title was found defective,
and
Fourth--A previous application hsd been
made for the same premises, which was with.
drawn pending a suit in Court commenced BY
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
where the claim was not located IN accord
ance with law.
Where several parties own separate and dis.
tinct portions Of Q claim, application for
patent may be made by either for tn at portion
OF the claim owned by him: but where several
parties own undivided interests in 2 mining
claim all should join in an application for a
patent.
A person or association may purchase as
many placer locations as the local law admits,
and embrace them all In one application for @
pAtent.
Two or more lodes cannot be embraced In
one application for . patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to act as 9 deputy for the Register and Re
ceiver cannot be recorded rs evidence.
In all patents for mining claims situated
within the interior boundaries OF u town site
q clause is ins erted "excepting and excluding
all town property, rights upon the surface,
and all houses. buildings. structures. lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here.
in, and sl rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made u only
one newspaper for the period OF GO days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspaper 60 days must elspse between the
fret and last insertions.
Where the Register designates the tally issue
OF q newspaper for publication of notices of q
mining application for patent ii IL not q com.
pliance with law TO change TO the weekly edi
ton OF the same paper without authority Of
| the Register.
land withdrsws 1t from the operation Of tbs
homestead and presumption laws. A hearihG
for the purpose Of proving the agr!cultura
character OF such land 10 not allowed. Lane
containing valuable deposits OF slate may bs
entered under the mining Acts.
ADvxRsx cLAIMB.
Adverse claimants must ale q separate snd
distinct claim against each application which
IL 10 alleged connicts with the premises owned
by such adverse claimant.
The papers In an adverse claim. once fled
cannot be withdrawn. but becomes q part Of tn,
| record.
When an adverse claim has been hlcd IL can
I mn hA AVA 40 n A.
ton OF the premises than that described In tns
original adverse claim.
An adverse claim must be made ont in
proper form and hled In the proper local OH CT
during the period Of public.,ion OF the sppli
cation for the patent to be effective.
| 1t Is the duty OF the adverse claimant {
commence suit in proper form within the re
quired time. and II he trusts the uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident Should
the failure to commence suit be the result OF
the corrupt or dishonest acts on OF his attorney
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement. In general terms, embody.
ing conclusions of law, without stating the
facts specially, Will not he considered In evi.
dence.
An adverse claimant should show q compli.
ance with the local laws in recording his claim
and In regard to expenditures. aud shall hle q
copy Of the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to Q suit that they
compose the company 10 sufficient, aud they
are not required TO prove that they are the
original ~locators or the identical parties who
present the adverse claim.
-oRIcuLrURA on MINERAL LANDS.
Where land 10 Of little, II any value, for sgri.
cultural purposes, but is essential to the
proper development Of mining claims, IL
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be cancelled at any time
prior to issuance Of patent, upon satisfactory
evidence OF the existence of such valuable de.
posits.
Where valuable deposits of mineral are Ala.
covered upon u tract sitter the same ias been
entered AZ agricultural, but before 1 ltent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be Cancelled t.
that portion of the lane embraced by ssid
mining claim.
Where mineral deposits are discovered ON
agricultural lands after the patent has been
issued to an Agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
cetved In payment for claims.
ALIHNhs
foreigner may make q mining location
dispose OF 1t. provided he becomes a citizen
before dispostng Of the mine. Proof that the
party was not q citizen before disposing Of hts
claim must be afirmstively shown.
Loeators and ntermediate owners. other
than applicants, Will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance Of patent.
The portion OF q mining claim sold 10 an
Alien cannot be patented while suoh owner is
an alien; but on his declaration O become a
citizen HIS right dates back to his purchasa.
aud he may thereupon secure United States
patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section z. 1886:
Where two or more lodges cross or intersect
each other, priority OF title shall govern. ana
such prior location shall be entitled TO eli ore
or mineral contained within the space of inter.
section. but the subsequent location shall have
the right OF way through the space of inter.
section Tor the purpose Of the convenient
working OF the mine. And where two or more
veins unite the oldest or prior location shall
take the vein below the point OF union, In
ciuding all the space of Intersection.
TuNHEfa